UPDATE (June 20th):
This case was bound over to a grand jury Tuesday.
EARLIER (May 29th):
We are asking more questions about a deadly crash in Sale Creek.
The person charged in the crash now faces his 4th DUI.
The driver, Colton Clingan, told police he was trying to attend to his dog at the time.
But deputies found no dog at the scene.
Clingan now faces vehicular homicide charges.
Monday we investigate the circumstances around the crash and Clingan's criminal history.
Not only is Clingan facing his 4th DUI charge, police also say he was driving on a suspended license and without insurance.
Now, given his driving history, and the severity of his crime, he many never see the road again.
It was a deadly scene last week that some say never should have happened.
"This is a class A Felony!" says Jay Kennamer.
And one that's leading to charges for Clingan, the driver of this blue truck, that police say hit another car on Dayton Pike, injuring Juan Rosario and killing Lalo Osorio.
"This guy's not just going to spend some time getting his license back and get back out on the street," says Kennamer.
This police affidavit says that Clingan had 3 previous DUI arrests in 2022, 2020, and 2011, and admitted to smoking Marijuana before the crash.
"There are graduate penalties... It get's harsher and harsher," says Kennamer.
Jay Kennamer is representing Rosario and his family, and says Clingan will likely face a civil suit.
"This type of wreck is so severe that it's going to warrant the aggravating factors," says Kennamer.
Kennamer says Clingan's history will likely factor into criminal and civil trials.
"That leads to questions as to whether someone entrusted this vehicle to someone that knew they has impaired ability or were unfit to drive," says Kennamer.
But how was Clingan able to drive, despite his previous DUIs?
"Certainly would hope that they would not get back out on the road, but they did," says Kennamer.
Kennamer says the state has a graduate penalty system.
1 DUI carries jail time of 48 hours to 11 months, 2 can lead to 45 days up to 11 months, and DUI number 3 can lead to 120 days, a suspended license, and an alcoholic interlock device on the car, which police say Clingan didn't have.
"You have to blow into a device to be able to go to and from school and work," says Kennamer.
With the death of Osorio, and injuries to Rosario, Kennamer says Clingan also faces felony charges.
"Vehicular homicide or aggravated vehicular homicide, which in Tennessee, can be 15 to 60 years in prison," says Kennamer.
And the likelihood that this deadly ride, will likely be his last.
"It's catastrophic," says Kennamer.
Kennamer says the injured man, Juan Rosario, is recovering from his injuries, and while still requiring treatment, he has been released from the hospital.
Tennessee law states that a four-time DUI offender, if convicted, can serve at least a year of jail time. And with 150 days served consecutively.